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Hello all. sorry for the long read.
Just to give you some back story and my problem.
I was taken to court for a driving offence at the end of 2009,
I was finally charged early 2011.
I was given legal aid for the case and therefoer the solicitors costs were covered,
in early 2013 I was contacted by rossendales
to say that and had not told them that I was married
and they were going to review my case to see if I need to pay any extra,
I contacted the solicitor who dealt with the case and they wrote to rossendales to confirm they are incorrect and I did state I was married,
I then didn't hear anything from rossendales until now,
this morning I received a letter from them stating that due to me having £30,000 equity in my property
(which is in joint names with my wife) that I now need to pay them over £3,400 an need to pay this within 28 days of the letter.
I rang them and informed I do not have this sort of money and that the house is in joint names therefore
I do not have £30,000 equity as any equity would be split between myself and my wife at a 50/50 split.
They said that as it is owned with my wife that this was not the case as we are financially jointly liable.
After looking online I found that it goes on the value of your home when the application was made which was some time ago,
how would I prove what the property was worth at the time, non of the houses on my street have sold in the last 9 years.
I have spoken to citizens advice who said I should write to rossendales asking them to suspend further action whilst matter resolved stateing that the property is in joint names, asking for clarification as to how assessment of capital reached and to state that if they are not prepared to review could I make arrangements to pay in installments
I have spoken to the solicitors that dealt with the case and they say I may be liable
further research online and I found information about Equity disregard and something about 3% to be taken off of the equity for sale costs inc sols
Also have read about receiving the order more than 21 days after the end or proceedings denies the right to appeal?
Do they have a limited amount of time to request us to pay as it was 2010 when the application was put in
I have attached a copy of the letter from them
Thank you for your help
Just to give you some back story and my problem.
I was taken to court for a driving offence at the end of 2009,
I was finally charged early 2011.
I was given legal aid for the case and therefoer the solicitors costs were covered,
in early 2013 I was contacted by rossendales
to say that and had not told them that I was married and they were going to review my case to see if I need to pay any extra,
I contacted the solicitor who dealt with the case and they wrote to rossendales
to confirm they are incorrect and I did state I was married, I then didn't hear anything from rossendales
until now, this morning I received a letter from them stating that due to me having £30,000 equity in my property
(which is in joint names with my wife) that I now need to pay them over £3,400 an need to pay this within 28 days of the letter.
I rang them and informed I do not have this sort of money and that the house is in joint names therefore
I do not have £30,000 equity as any equity would be split between myself and my wife at a 50/50 split.
They said that as it is owned with my wife that this was not the case as we are financially jointly liable.
After looking online I found that it goes on the value of your home when the application was made which was some time ago,
how would I prove what the property was worth at the time, non of the houses on my street have sold in the last 9 years.
I have spoken to citizens advice who said I should write to rossendales asking them to suspend further action whilst matter resolved stateing that the property is in joint names, asking for clarification as to how assessment of capital reached and to state that if they are not prepared to review could I make arrangements to pay in installments
I have spoken to the solicitors that dealt with the case and they say I may be liable
further research online and I found information about Equity disregard and something about 3% to be taken off of the equity for sale costs inc sols
Also have read about receiving the order more than 21 days after the end or proceedings denies the right to appeal?
Do they have a limited amount of time to request us to pay as it was 2010 when the application was put in
I have attached a copy of the letter from them
Thank you for your help
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